FLEMING ISLAND PLANTATION COMMUNITY DEVELOPMENT DISTRICT

On April 29, 2008, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to amend the boundaries of the Fleming Island Plantation Community Development District (the “District”). The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (F.A.C.), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this petition.

SUMMARY OF CONTENTS OF PETITION: The petition, filed by the Fleming Island Plantation Community Development District, requests the Commission amend the boundaries of the district. The District currently covers approximately 1,580 acres of land located in Clay County, Florida. The petition proposes to delete approximately 17 acres from the District. After contraction, the District will encompass a total of approximately 1,563 acres. A general location map is contained as Exhibit 1 to the petition depicting the existing District and the location of the parcels to be removed from the District. The Petitioner has obtained written consent to amend the boundary of the District from the owners of 100% of the real property located within the contraction parcels. The owners of land within the contraction parcels are the Clay County School Board, Centex Homes, and New Grace Church, Inc. The favorable action of the District Board of Supervisors constitutes consent for all other lands pursuant to Section 190.046(1)(e), F.S.

SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to amend the boundaries of the District. The complete text of the SERC is contained as Exhibit 8 to the petition. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the District, the State of Florida and its residents, Clay County and its residents, current property owners of lands within the boundaries of the proposed District and future property owners are the principal entities that are likely to be required to comply with the rule. Under section (b), FLWAC and the State of Florida will incur administrative costs. Clay County may incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a $15,000 filing fee paid to Clay County to offset any costs it may incur. Adoption of the proposed rule to amend the boundaries of the District will not have any negative impact on State and local revenues. Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities. The District may issue notes, bonds, or other indebtedness to fund its improvement program. Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges. The District may also impose an annual levy for the operation and maintenance of the District. Under section (d), approval of the petition to amend the boundaries of the District will have no impact or a positive impact on small businesses. The petition to amend the boundaries of the District will not have an impact on small counties as Clay County is not a small county as defined by section 120.52, F.S. Under section (e), no written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative has been submitted.

A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

DATE AND TIME:     Thursday, August 28, 2008, 6:00 p.m.

PLACE:                         Splash Park

                                       1510 Calming Water Drive

                                       Orange Park, Florida 32003

Any person requiring a special accommodation to participate in the hearing because of a disability should contact: Cheryl Stuart or Jason Walters, Hopping Green & Sams, 123 South Calhoun Street, Tallahassee, Florida 32301, (850)222-7500, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.

Copies of the petition may be obtained by contacting: Cheryl Stuart or Jason Walters, Hopping Green & Sams, 123 South Calhoun Street, Tallahassee, Florida 32301, (850)222-7500, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements, or Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884.